Articles Posted in Sudan

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Welcome back to Visalawyerblog! In this blog post we discuss the Biden administration’s recent decision to keep refugee admissions at an all-time low, a decision that has angered lawmakers and pro-immigrant advocates alike.

On April 16, 2021, President Biden issued a controversial Presidential directive that aims to keep the refugee admissions ceiling at the same rate as that under the Trump administration. The new Presidential directive states that the administration will maintain the refugee admissions ceiling at 15,000 per fiscal year, with the majority of refugee allocations given to Africa and Latin America and the Caribbean, and the remainder split among East Asia, Europe and Central Asia, Near East and South Asia, and other regions.

The Presidential directive however leaves open the possibility of raising the ceiling if the quota is reached before the end of the fiscal year, at which time the administration would consider raising the admissions rate anew.

In defense of the President’s actions, White House Press Secretary Jen Psaki, said in a statement that President Biden is expected to set a final, increased refugee cap for the remainder of the fiscal year before May 15, 2021.

The President’s actions mark a stunning departure from his campaign agenda, which for the first time ever, has fallen short of undoing harmful actions of the previous administration by continuing to narrow the pool of refugees that may be admitted to the United States.

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Welcome back to Visalawerblog! We hope you are having a wonderful start to your week.

In this blog post, we discuss a new update for the Temporary Protected Status (TPS) program for the country of Venezuela.

As luck would have it, on March 8, 2021, the newly sworn Secretary of Homeland Security, Alejandro Mayorkas, announced the designation of Venezuela, as a foreign country qualifying for Temporary Protected Status (TPS), due to conditions in the country that temporarily prevent the safe return of Venezuelan nationals to their country of origin.

The designation will allow Venezuelan nationals (and those without nationality who last resided in Venezuela) to file initial applications for Temporary Protected Status (TPS), provided they meet the eligibility requirements.


What is TPS?


Temporary Protected Status is a temporary immigration status given to certain foreign nationals from certain countries that are experiencing ongoing armed conflict, environment disaster, humanitarian crisis, and other such conditions. TPS allows qualifying applicants to remain in the United States on a temporary lawful basis without fear of deportation, and also allows applicants to apply for a temporary work permit. Only nationals from countries who have been designated as eligible for Temporary Protected Status by the Secretary of Homeland Security are eligible to participate. Countries with such designation include El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Venezuela, and Yemen.


What are the eligibility requirements?


  • To be eligible, applicants must be a national of Venezuela, or be a person without nationality who last habitually resided in Venezuela.
  • Venezuelan nationals must file for TPS during the open initial registration or re-registration period, which falls on March 9, 2021 to September 5, 2021. That means all initial applications must be received within this time frame.
  • Venezuelan nationals must prove they have been continuously physically present in the United States since March 9, 2021, the effective date of Venezuela’s designation date; and
  • Venezuelan nationals must prove that they have been continuously residing in the United States since March 8, 2021.
  • Those who meet the requirements outlined above may obtain TPS benefits for a period of 18 months lasting until September 9, 2022.

How to file


All applicants must submit the necessary forms, supporting documentation, and filing fees with USCIS by filing Form I-821 Application for Temporary Protected Status, as well as Form I-765, Request for Employment Authorization. For information about the forms and supporting documentation required click here.

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President Biden has been hard at work during his first days in office, releasing a flurry of Proclamations and Executive Actions on immigration, that reverse many of the controversial policies passed by former President Donald Trump.

Due to the volume of Proclamations being signed, our office will break down each of these actions on immigration during the next few weeks, and provide you with detailed information on what each Proclamation means and how you may benefit.

We encourage our readers to bookmark this page and follow our social media platforms as the Biden administration gears up to release even more executive actions on immigration in the coming days.


What is the Biden Proclamation all about?


On January 20, 2021, President Biden signed a number of orders including, “Proclamation on Ending Discriminatory Bans on Entry to the United States.” This Proclamation immediately revokes the four presidential actions taken by the previous administration, which banned individuals from predominantly Muslim and African countries from entering the United States.

The presidential actions being revoked are as follows:

*A brief overview of each action is discussed further below

(1) Executive Order 13780 “Protecting the Nation From Foreign Terrorist Entry Into the United States” 

(2) Proclamations 9645 “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats”

(3) Proclamation 9723 Maintaining Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats” and

(4) Proclamation 9983 “Improving Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats”


What do you need to know about Biden’s Proclamation?


Biden’s decision to revoke these actions by his predecessor means that all Embassies and Consulates must immediately resume visa processing for nationals affected including Syria, Iran, Libya, Somalia, Sudan, and Yemen, Chad, Venezuela, North Korea, Burma (Myanmar), Eritrea, Kyrgyzstan, Nigeria, Sudan, and Tanzania.

Of course Embassies and Consulates are still conducting a phased reopening of routine visa services and are operating on a limited post by post basis. However, this is a step in the right direction because it means that Embassies and Consulates can no longer refuse to issue visas because these Proclamations are no longer in force.

Most importantly, President Biden has directed the Department of State to develop a system by which previous applicants who were being considered for a waiver of the restrictions can expedite their pending visa applications.

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Validity of TPS EADs with a September 9, 2019 Expiration Date Remain Valid through January 2, 2020 for El Salvador, Sudan, Nicaragua, and Haiti

The DOJ has announced that Employment Authorization Cards received under the Temporary Protected Status country designation for El Salvador, Sudan, Nicaragua, and Haiti, with a September 9, 2019 expiration date will remain valid through January 2, 2020.

Earlier this year, the government published a notice in the Federal Register indicating that DHS would be automatically extending through January 2, 2020, the validity of TPS-related Employment Authorization Documents (EADs), Forms I-797, Notice of Action (Approval Notice), and Forms I-94 (Arrival/Departure Record) (collectively “TPS-Related Documentation”), for beneficiaries under the TPS designations for Sudan, Nicaragua, Haiti, and El Salvador, provided that the affected TPS beneficiaries remain otherwise individually eligible for TPS.

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On April 22, 2019, the White House issued a memorandum seeking to curb the high rates of nonimmigrant overstays for nationals from certain countries.

Specifically, the memorandum identifies aliens who overstay their period of lawful admission under the terms of their visa or Visa Waiver Program.

The memorandum instructs the Secretary of State to identify conditions that contribute to the high rates of overstay of nationals from countries in which the total overstay rate is greater than 10 percent in the combined B-1/B-2 nonimmigrant visa category, based on the DHS 2018 Entry/Exit Overstay Report.

Within 180 days, the President has instructed the Secretary of State, Attorney General, and Secretary of Homeland Security to come up with a plan to curb B-1/B-2 visa overstay rates with respect to identified countries of interest. Such a plan may include the suspension or limited entry of individuals of those countries holding B-1 or B-2 visas, targeted suspension of visa issuance for certain nationals, limits to duration of admission, etc.

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Today, April 5, 2019, U.S. Citizenship and Immigration Services (USCIS) announced that the Secretary of Homeland Security is extending the designation of South Sudan for Temporary Protected Status (TPS) for 18 months, from May 3, 2019, through November 2, 2020. The extension allows currently eligible TPS beneficiaries to retain TPS through November 2, 2020, so long as they otherwise continue to meet the eligibility requirements for TPS.

Current beneficiaries of Temporary Protected Status (TPS) under South Sudan’s designation who want to maintain their status through the 18-month extension period ending on Nov. 2, 2020, must re-register between April 5, 2019 and June 4, 2019.

All applicants must submit Form I-821, Application for Temporary Protected Status and request an EAD by submitting Form I-765, Application for Employment Authorization, when they file Form I-821 or separately at a later date.

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In response to a court ordered preliminary injunction, that blocked the government’s plans to end the temporary protected status (TPS) of immigrants from El Salvador, Sudan, Haiti, and Nicaragua, the government has outlined a detailed plan to comply with the judge’s order.

As previously reported, U.S. District Judge Edward Chen issued a preliminary injunction temporarily stopping the United States government from rescinding the temporary protected status designation for immigrants from Sudan, El Salvador, Haiti, and Nicaragua.

Before the preliminary injunction the TPS designations would officially terminate as follows:

  • Sudan, TPS Designation was to terminate on November 2, 2018
  • Nicaragua, TPS Designation was to terminate on January 5, 2019
  • Haiti, TPS Designation was to terminate on July 22, 2019
  • El Salvador, TPS Designation was to terminate on September 9, 2019

To comply with the court order, USCIS has notified the court that the agency will be publishing a notice in the Federal Register, announcing that the TPS designations for Sudan, Haiti, El Salvador, and Nicaragua will remain in effect as long as the preliminary injunction remains in effect pending the resolution of the case. The Department of Homeland Security will continue to recognize the validity of TPS-related Employment Authorization Documents (EADs), Form I-94 Arrival and Departure Records, and Forms I-797 Notices of Action otherwise known as Approval Notices, to demonstrate the lawful status sand employment authorization of affected TPS beneficiaries.

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Yesterday, Federal Judge Edward Chen, of the United States District Court for the Northern District of California, issued a preliminary injunction temporarily stopping the United States government from rescinding the temporary protected status designation for immigrants from Sudan, El Salvador, Haiti, and Nicaragua.

By court order, the government must maintain the TPS designation for the above-mentioned countries, and continue to allow beneficiaries of these countries, to apply for employment authorization, while a lawsuit challenging the rescission of TPS for these countries moves through the court system.

Before the preliminary injunction the TPS designations would officially terminate as follows:

  • Sudan, TPS Designation was to terminate on November 2, 2018
  • Nicaragua, TPS Designation was to terminate on January 5, 2019
  • Haiti, TPS Designation was to terminate on July 22, 2019
  • El Salvador, TPS Designation was to terminate on September 9, 2019

The preliminary injunction comes on the heels of a class-action lawsuit brought by immigrants from these countries over the rescission of the TPS designation for Sudan, El Salvador, Haiti, and Nicaragua. The lead plaintiff named in the lawsuit Ramos v. Nielsen, is Crista Ramos, a 14-year old United States Citizen whose mother is a TPS holder from El Salvador. Ramos, along with other Plaintiffs in this lawsuit allege that the government rescinded TPS protections for the above-mentioned countries, based on a predetermined political agenda in violation of the law.

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Premium Processing Resumes for all H-1B Petitions

Today, October 3, 2017, the United States Citizenship and Immigration Services (USCIS) made an official announcement letting the public know that premium processing service has resumed for all types of H-1B petitions including H-1B extension of stay petitions.

What is premium processing?

Premium processing service refers to an optional premium processing service offered by USCIS to employers filing Form I-129 (Petition for a Non-immigrant Worker) or Form I-140 (Immigrant Petition for Alien Worker). Premium processing guarantees 15 calendar day processing to petitioners who make use of the service. Applications that are not processed within 15 calendar days, receive a refund of the $1,225 premium processing fee. To make use of the service, petitioners must file Form I-907 with their application and include the appropriate fees. The I-907 request for premium processing service can be filed together with an H-1B petition or separately pending a decision. This service has now resumed for all types of H-1B petitions.

For more information on premium processing please click here.

New I-765 Form Allows Applicants to Apply for SSN without visiting SS Office

On October 2, 2017, USCIS announced a new partnership with the Social Security Administration which will allow certain foreign nationals to apply for employment authorization and a social security number using the updated Form I-765 Application for Employment Authorization, without having to visit the Social Security office. In order to obtain lawful employment in the United States, foreign nationals are required to apply for an employment authorization card from USCIS, and a Social Security number with the Social Security Administration. Both are required to engage in lawful employment in the United states. Employment Authorization Cards are accepted as valid employment documentation by U.S. employers, the Social Security Administration, and all federal agencies including the Department of Motor Vehicles.

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On September 24, 2017, the President issued a Presidential Proclamation expanding the list of countries subject to the travel ban outlined in Executive Order 13780 entitled “Protecting the Nation from Foreign Terrorist Entry into the United States.” As you may recall, as part of that executive order, in March 2017, the President had asked the Secretary of Homeland Security and Attorney General to conduct a worldwide review to assess the dangers that foreign nationals from designated countries of concern pose to the national security of the United States. Under Executive Order 13780, DHS was directed to implement additional security mechanisms and vetting procedures for countries identified as potential threats to national security.

The Secretary of Homeland Security, Secretary of State, and Attorney General identified 16 additional countries which “remain deficient . . . with respect to their identity-management and information-sharing capabilities, protocols, and practices,” and as a result pose a potential threat to our country’s national security.  By proclamation, the entry of foreign nationals from eight of these countries will remain suspended and limited for the time being.

The President has determined that the immigrant and non-immigrant entry of foreign nationals from the following countries would be detrimental to the national interests of the United States, at least until increased security mechanisms can be implemented, and identity and information-sharing capabilities can be improved.

Per Section 2 of the Proclamation

Suspension of Entry for Nationals of Countries of Identified Concern

“The following countries continue to have “inadequate” identity-management protocols, information-sharing practices, and risk factors . . . such that entry restrictions and limitations are recommended:”

The entry of foreign nationals from the designated countries listed below will be suspended and limited to a few exceptions and case-by-case waivers beginning October 18, 2017.

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